Page 162 - ตราสารระหว่างประเทศด้านสิทธิมนุษยชนที่ไทยเป็นภาคี : จากเว็บไซต์กระทรวงการต่างประเทศ

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case, in conformity with the generally recognized principles of international law. This shall not be the
rule where the application of the remedies is unreasonably prolonged.

4. In any matter referred to it, the Committee may call upon the States Parties concerned to supply
any other relevant information.

5. When any matter arising out of this article is being considered by the Committee, the States Parties
concerned shall be entitled to send a representative to take part in the proceedings of the Committee,
without voting rights, while the matter is under consideration.

Article 12

1. (a) After the Committee has obtained and collated all the information it deems necessary, the
Chairman shall appoint an ad hoc Conciliation Commission (hereinafter referred to as the Commission)
comprising five persons who may or may not be members of the Committee. The members of the
Commission shall be appointed with the unanimous consent of the parties to the dispute, and its good
offices shall be made available to the States concerned with a view to an amicable solution of the
matter on the basis of respect for this Convention; (b) If the States parties to the dispute fail to reach
agreement within three months on all or part of the composition of the Commission, the members of
the Commission not agreed upon by the States parties to the dispute shall be elected by secret ballot
by a two-thirds majority vote of the Committee from among its own members.

2. The members of the Commission shall serve in their personal capacity. They shall not be nationals
of the States parties to the dispute or of a State not Party to this Convention. 3. The Commission shall
elect its own Chairman and adopt its own rules of procedure.

4. The meetings of the Commission shall normally be held at United Nations Headquarters or at any
other convenient place as determined by the Commission.

5. The secretariat provided in accordance with article 10, paragraph 3, of this Convention shall also
service the Commission whenever a dispute among States Parties brings the Commission into being.

6. The States parties to the dispute shall share equally all the expenses of the members of the
Commission in accordance with estimates to be provided by the Secretary-General of the United
Nations.

7. The Secretary-General shall be empowered to pay the expenses of the members of the Commission,
if necessary, before reimbursement by the States parties to the dispute in accordance with paragraph
6 of this article.

8. The information obtained and collated by the Committee shall be made available to the Commission,
and the Commission may call upon the States concerned to supply any other relevant information.

Article 13

1. When the Commission has fully considered the matter, it shall prepare and submit to the Chairman
of the Committee a report embodying its findings on all questions of fact relevant to the issue between
the parties and containing such recommendations as it may think proper for the amicable solution of
the dispute. 2. The Chairman of the Committee shall communicate the report of the Commission to
each of the States parties to the dispute. These States shall, within three months, inform the Chairman
of the Committee whether or not they accept the recommendations contained in the report of the
Commission.

3. After the period provided for in paragraph 2 of this article, the Chairman of the Committee shall
communicate the report of the Commission and the declarations of the States Parties concerned to the
other States Parties to this Convention.

Article 14